Wilmington,
May Term, 1804.
!T'*HI5 was aa action of trespass quote clausum, fregit, and tine . -*• defendant pleaded that a common way used by the neighborhood and leading to a landing and public road ran through th® lauds of the plaintiff 5 and that it had been usual to repair it by cutting tsmGbey foy the purpose near to its That the trespass *302«rorsp'fósieá of was for cutting needful timber for the repair of thin common v.-cy, and near to it, Per..
Wíjs ate of two binds — those which are cs. íabiíshtd by public authority, and private ones which are by grant or prescription. Proof, as here, that it been used as a way ioy the neighborhood for near 40 years, when the commencement of the usag-<> known, will not sui-lce for the establishment c? ;t, :vs contended for by the deioadtu.t.
Verdict for the piaiptiff,